How Long After a Motorcycle Accident Can You Sue?

Motorcycle accidents often lead to serious, life-altering injuries that require extensive medical treatment and long-term rehabilitation. While injured accident victims have a right to pursue compensation for their damages – including medical bills, lost wages, and pain and suffering – claims must be brought within the Denver motorcycle accident statute of limitations.

The statute of limitations is a legal time limit for filing a lawsuit. If you fail to act within this legally mandated timeframe, you will likely be barred from seeking any financial recovery.

If you have been injured in a motorcycle accident in Denver or anywhere in Colorado, call the experienced motorcycle accident lawyers at Burg Simpson at 303-792-5595 today to schedule a FREE, no-obligation case review. We can help you better understand your rights, including how long you have to file a lawsuit, along with the options available for pursuing compensation.

What Is the Time Limit for a Motorcycle Accident Claim in Denver?

The motorcycle accident statute of limitations in Denver and Colorado as a whole is designed to ensure that legal disputes are resolved while evidence is still fresh and witnesses are available. The specific deadline for motorcycle accident lawsuits depends on the nature of the accident and the parties involved.

Motorcycle Accidents Resulting in Injury

Victims of motor vehicle accidents in Colorado generally have three years to file a lawsuit. This three-year window applies specifically to bodily injury and property damage claims resulting from “the use or operation of a motor vehicle” (see Colorado Revised Statutes § 13-80-101).

This timeframe is more generous than the standard two-year limit for other personal injury cases in Colorado. Nonetheless, it is crucial to take legal action sooner rather than later.

Motorcycle Accidents Resulting in Death

When a motorcycle accident leads to a fatality, surviving family members may file a wrongful death lawsuit. These cases have different rules than standard vehicle accident injury claims.

In Colorado, the statute of limitations for wrongful death is just two years from the date of the individual’s passing. However, additional time may be granted if the defendant committed vehicular homicide and fled the scene (see Colorado Revised Statutes § 13-80-102).

We recommend consulting with a Denver motorcycle accident lawyer to confirm the applicable deadline for your situation. Contact Burg Simpson for FREE today.

What Is the ‘Discovery Rule’?

Typically, the statute of limitations begins on the date the accident occurred. However, under the “Discovery Rule,” the clock may be paused if the injury was not immediately apparent or could not have been reasonably discovered at the time of the crash. For example, traumatic brain injuries are not always obvious until days – or even longer – after an accident.

Other examples include:

• Internal organ damage
• Spinal cord injuries, such as disc herniation
• Complex regional pain syndrome (CRPS)

In such cases, the three-year period may begin on the date the victim discovered, or should have discovered, the injury and its cause.

Motorcycle Accidents Where the Victim Was a Minor

Special protections exist for minor children who are injured in motorcycle accidents before they reach legal adulthood. In most cases, the statute of limitations will be tolled, or paused, until the individual reaches the age of 18.

Once the minor turns 18, the three-year clock for the accident claim will begin to run. As such, they would have until their 21st birthday to file a claim.

If a minor child is injured in any type of vehicle accident, we strongly suggest that the parents take action before this point. This will ensure that strong evidence is available.

Claims Against Government Entities

Claims involving government vehicles, such as city buses or state-owned trucks, follow a different set of rules under the Colorado Governmental Immunity Act (CGIA). The CGIA requires a formal “Notice of Claim” to be filed within 182 days of the discovery of the injury. Missing this deadline – which is approximately 6 months – will almost certainly lead to the dismissal of the case against the government.

What If the Driver Fled the Scene?

Hit-and-run accidents create significant legal challenges, especially if the at-fault driver is not immediately identified. If the accident involved vehicular homicide or the driver fled, the statute of limitations for a wrongful death action may be extended to four years.

Injured riders should still pursue uninsured motorist (UM) claims through their own insurance providers. These claims also follow the three-year motor vehicle statute.

Why You Should Not Wait to Take Legal Action

It may seem sensible to focus on fully healing before handling the legal side of your accident. Unfortunately, there are significant risks in waiting to take legal action. These include:

• Deteriorating evidence: Skid marks, debris, and vehicle positioning can disappear or be altered within days of the accident.
• Witness identification: Witnesses may move away or lose the clarity of their memories over the course of months or years.
• Insurance tactics: Insurance companies frequently use any delay in seeking legal counsel or medical treatment to argue that the injuries were not as severe as you claim.

Ultimately, building a comprehensive case involves obtaining police reports, medical records, and expert testimonies. All of this requires preparation, meaning delays can make it much more difficult to recover the compensation you deserve for your damages.

How You Can Protect Your Rights After a Motorcycle Accident

There are a few key steps you should take after a motorcycle accident to protect your right to compensation:

1. Seek immediate medical attention to document all physical injuries and create a direct link between the crash and your injuries.
2. If possible, collect evidence at the scene to prove the driver was at fault. This may include photos, witness statements, etc.
3. Obtain a copy of the police report from the Denver Police Department or the responding law enforcement agency.
4. Keep a detailed record of all out-of-pocket expenses, including co-pays, medication costs, and motorcycle repair estimates.
5. Avoid discussing the details of the accident or your injuries on social media platforms, as insurance adjusters monitor these accounts for evidence.

Generally, it is also best to avoid communicating directly with the insurance company before you speak with legal counsel.

Do Not Let the Denver Motorcycle Accident Statute of Limitations Expire

Your right to compensation may seem clear and obvious. However, once the statute of limitations has passed, the court loses the jurisdiction to hear the case and your right to compensation will likely be lost forever.

Waiting until the final few months of the limitation period leaves very little time for an attorney to conduct an investigation and make a strong case for maximizing your compensation. On the other hand, proactive legal action ensures that all procedural requirements are met and the focus remains on your physical and emotional recovery.

Contact Burg Simpson Today

At Burg Simpson, we have recovered more than $2 billion for our clients because we possess the national strength and local clout to handle complex litigation. We know how to navigate the statutes and court systems in Colorado. This gives you the best chance of recovering the compensation you need and deserve.

Call Burg Simpson at 303-792-5595 today to schedule your FREE and confidential case evaluation with a Denver motorcycle accident lawyer. Our attorneys serve victims throughout Colorado.